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(영문) 의정부지방법원 2017.02.09 2016나58356
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Presumed facts

A. A. Around May 10, 2013, MN Industry Development Co., Ltd. (hereinafter “MH Industry Development”) concluded a management-type land trust agreement (hereinafter “instant trust agreement”) with the Defendant regarding the lease and disposal of the instant building, which was newly constructed between the Defendant and the Defendant at the center of Pakistan-si, 329-158 and on the ground MHD Building (hereinafter “instant building”).

The provisions pertaining to this case among the terms and conditions of the contract and the special agreement are as follows:

- Management-type land trust contract - [Entrusted Industrial Development Co., Ltd., Ltd., the consignee, the defendant, and the new comprehensive construction company] Article 13 / [Co., Ltd.] (1) The trustee concludes a contract for construction works with the contractor.

Provided, That if there is a contract for construction works already concluded between the truster and the contractor, such contract may be succeeded.

(hereinafter omitted) Article 14. (1) The trustee shall have the right and assume the obligations within the scope of the trust property as a project undertaker or project owner.

(2) A trustee shall enter into any service contract as a project owner or project owner.

Provided, That where a truster has already entered into a contract, he/she may succeed the contract.

- Matters of special agreement - [A: Defendant A, who is the trustee, Defendant C: New Consolidated Construction Co., Ltd., Ltd.: 1: Incidental Savings Bank, Hyundai Savings Bank, Hyundai Savings Bank, etc. 2] / [Method of executing funds] Article 10 / [1] where the withdrawal of funds, such as project expenses, is necessary, Party A shall designate the purpose and place of payment of the withdrawn funds, accompanied by evidentiary documents for the execution of the funds, and request Party B in writing at least three days prior to the scheduled date of payment (hereinafter omitted), after obtaining consent of Party A, 1, 2, and C, and 8 If Party A’s request for withdrawal of funds is deemed reasonable, Party A’s request for withdrawal of funds.

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